Discussing new ways to meet the needs of law firm clients, mediation parties, negotiators, and law students.

Sunday, March 19, 2017

Week 6: Finally Writing a CREAC

Conclusion, Rule, Explanation, Application, and Conclusion

I've talked about it for three weeks. CREAC this and CREAC that. Now, it's time for the students to write their first legal analysis using this format. Baby steps. We will do it together.

I have an exercise, based on the post-9/11 U.S. Patriot Act, that involves the effort of our "client" to bring onto an aircraft two sharpened pencils, knitting needles, and nail polish remover. Are they prohibited dangerous weapons? At the start of class, students are skeptical. How can these household items be weapons?

Then, in a dramatic demonstration, I light the nail polish remover on fire, jab the pencils towards the eyes of the nearest student (safely of course), and hold a thin knitting needle near the sternum of another student.

Oh! Now the analysis becomes real.

The fun part is teaching them how to do the Application, where students compare the facts of the "illustrative case" to our client's facts. Last year, I started using a T-Chart to help them organize the analysis. It worked better than I ever expected.

They practice one more time, with my help, before they are tested on the CREAC structure in Week 7.

These are the days when I get to see my students' brains work. I just love it!

About Me

She helps people learn the skills they need to lead happier lives, solve problems effectively, and resolve conflict holistically with wisdom, skill, and heart.

The Virginia Mediation Network
(VMN), the largest statewide group of mediation practitioners, trainers, and
scholars gave her its first Distinguished Mediator Award in 2010. Who’s Who
in America recognizes her as among top
executives and professionals. Martindale-Hubbell
lists her as an AV-Rated Preeminent
Woman Lawyer with highest peer ratings for legal ability and ethics
(2002-2013).

She works as a Clinical Professor
of Law at Qatar University College of Law. She teaches legal research and writing, group facilitation, negotiation, mediation, arbitration, dispute resolution
system design, environmental dispute resolution, and insurance
practice.

Before
she joined academia, Prof. Young was a partner
in a St. Louis law firm -- McCarthy Leonard -- providing nearly 20 years of
experience as a commercial dispute litigator, mediator, and arbitrator
specializing in contract disputes, insurance, reinsurance, and energy law. Before that, Prof. Young practiced as an
associate in one of the largest law firms in the world - Skadden Arps – in its Washington, D.C. office engaged in an oil and
gas and public utility law
practice. She also worked in the Energy
Department of the largest law firm in
Oklahoma after graduating from law school.

Prof. Young has written over 50 law
review publications, book chapters, book reviews, and op-ed articles on
mediation, arbitration, insurance law, and energy law. Her
publications appear in law journals, bar journals, and at mediate.com.